AB75-ASA1,1290,1222 146.81 (4) "Patient health care records" means all records related to the health
23of a patient prepared by or under the supervision of a health care provider, but; and
24all records made by an ambulance service provider, as defined in s. 256.01 (3), an
25emergency medical technician, as defined in s. 256.01 (5), or a first responder, as

1defined in s. 256.01 (9), in administering emergency care procedures to and handling
2and transporting sick, disabled, or injured individuals. "Patient health care records"
3includes billing statements and invoices for treatment or services provided by a
4health care provider and includes health summary forms prepared under s. 302.388
5(2). "Patient health care records" does
not include those records subject to s. 51.30,
6reports collected under s. 69.186, records of tests administered under s. 252.15 (2)
7(a) 7., 343.305, 938.296 (4) or (5) or 968.38 (4) or (5), records related to sales of
8pseudoephedrine products, as defined in s. 961.01 (20c), that are maintained by
9pharmacies under s. 961.235, fetal monitor tracings, as defined under s. 146.817 (1),
10or a pupil's physical health records maintained by a school under s. 118.125. ``Patient
11health care records" also includes health summary forms prepared under s. 302.388
12(2).
AB75-ASA1, s. 2430 13Section 2430. 146.81 (5) of the statutes is amended to read:
AB75-ASA1,1291,214 146.81 (5) "Person authorized by the patient" means the parent, guardian, or
15legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person
16vested with supervision of the child under s. 938.183 or 938.34 (4d), (4h), (4m), or
17(4n), the guardian of a patient adjudicated incompetent in this state, the personal
18representative or, spouse, or domestic partner under ch. 770 of a deceased patient,
19any person authorized in writing by the patient or a health care agent designated by
20the patient as a principal under ch. 155 if the patient has been found to be
21incapacitated under s. 155.05 (2), except as limited by the power of attorney for
22health care instrument. If no spouse or domestic partner survives a deceased
23patient, "person authorized by the patient" also means an adult member of the
24deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may
25appoint a temporary guardian for a patient believed incompetent to consent to the

1release of records under this section as the person authorized by the patient to decide
2upon the release of records, if no guardian has been appointed for the patient.
AB75-ASA1, s. 2431 3Section 2431. 146.82 (2) (a) 8. of the statutes is amended to read:
AB75-ASA1,1291,64 146.82 (2) (a) 8. To the department under s. 255.04 and to the persons specified
5under s. 255.04 (3)
. The release of a patient health care record under this subdivision
6shall be limited to the information prescribed by the department under s. 255.04 (2).
AB75-ASA1, s. 2432 7Section 2432. 146.82 (2) (a) 18m. of the statutes is amended to read:
AB75-ASA1,1292,28 146.82 (2) (a) 18m. If the subject of the patient health care records is a child
9or juvenile who has been placed in a foster home, treatment foster home, group home,
10residential care center for children and youth, or juvenile correctional facility,
11including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom
12placement in a foster home, treatment foster home, group home, residential care
13center for children and youth, or juvenile correctional facility is recommended under
14s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by
15a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831
16(2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report
17under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency
18responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1)
19(c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the
20child or juvenile, or to an agency that placed the child or juvenile or arranged for the
21placement of the child or juvenile in any of those placements and, by any of those
22agencies, to any other of those agencies and, by the agency that placed the child or
23juvenile or arranged for the placement of the child or juvenile in any of those
24placements, to the foster parent or treatment foster parent of the child or juvenile
25or the operator of the group home, residential care center for children and youth, or

1juvenile correctional facility in which the child or juvenile is placed, as provided in
2s. 48.371 or 938.371.
AB75-ASA1, s. 2433b 3Section 2433b. 146.83 (1) (intro.) and (a) of the statutes are consolidated,
4renumbered 146.83 (1d) and amended to read:
AB75-ASA1,1292,125 146.83 (1d) Except as provided in s. 51.30 or 146.82 (2), any patient or other
6person authorized by the patient may, upon submitting a statement of informed
7consent: (a) Inspect, inspect the health care records of a health care provider
8pertaining to that patient at any time. The health care provider shall make the
9records available for inspection by the patient or person authorized by the patient

10during regular business hours, upon reasonable within 21 days after the health care
11provider receives
notice from the patient or person authorized by the patient. A
12health care provider may not charge a fee for inspection under this subsection.
AB75-ASA1, s. 2433c 13Section 2433c. 146.83 (1) (b) and (c) of the statutes are repealed.
AB75-ASA1, s. 2433d 14Section 2433d. 146.83 (1f) of the statutes is created to read:
AB75-ASA1,1292,2015 146.83 (1f) (a) Except as provided in par. (b) or s. 51.30 or 146.82 (2), if a patient
16or a person authorized by the patient requests copies of the patient's health care
17records, provides informed consent, and pays the applicable fees under par. (c) or (d),
18the health care provider shall, subject to sub. (1k), provide the patient or person
19authorized by the patient copies of the requested records within 21 days after
20receiving the request.
AB75-ASA1,1293,221 (b) Except as provided in s. 51.30 or 146.82 (2), if a patient or a person
22authorized by the patient requests a copy of a health care provider's report regarding
23an X-ray of the patient, provides informed consent, and pays the applicable fees
24under par. (c) or (d), the health care provider shall, subject to sub. (1k), provide the
25patient or person authorized by the patient a copy of the report or provide the X-ray

1to another health care provider of the patient's choice within 30 days after receiving
2the request.
AB75-ASA1,1293,53 (c) Except as provided in par. (d), a health care provider may charge no more
4than the total of all of the following that apply for providing copies requested under
5par. (a) or (b):
AB75-ASA1,1293,66 1. For paper copies, 35 cents per page.
AB75-ASA1,1293,77 2. For microfiche or microfilm copies, $1.25 per page.
AB75-ASA1,1293,88 3. For a print of an X-ray, $10 per image.
AB75-ASA1,1293,99 4. Actual shipping costs.
AB75-ASA1,1293,1310 5. If the patient or person authorized by the patient requests delivery of the
11copies within 7 or fewer days after making a request for copies, and the health care
12provider delivers the copies within that time, a fee equal to 10 percent of the total fees
13that may be charged under subds. 1. to 4.
AB75-ASA1,1293,2014 (d) 1. If a patient or person authorized by the patient requests copies of the
15patient's health care records under this subsection for use in appealing a denial of
16social security disability insurance, under 42 USC 401 to 433, or supplemental
17security income, under 42 USC 1381 to 1385, the health care provider may charge
18the patient or person authorized by the patient no more than the amount that the
19federal social security administration reimburses the department for copies of
20patient health care records.
AB75-ASA1,1294,321 2. A health care provider may not charge a fee for providing one set of copies
22of a patient's health care records under this subsection if the patient is eligible for
23medical assistance, as defined in s. 49.43 (8). A health care provider may require that
24a patient or person authorized by the patient provide proof that the patient is eligible
25for medical assistance before providing copies under this subdivision without charge.

1A health care provider may charge the fees under par. (c) for providing a 2nd or
2additional set of copies of patient health care records for a patient who is eligible for
3medical assistance.
AB75-ASA1, s. 2433f 4Section 2433f. 146.83 (1h) of the statutes is created to read:
AB75-ASA1,1294,95 146.83 (1h) (a) Except as provided in s. 51.30 or 146.82 (2), if a person other
6than a patient and other than a person authorized by the patient requests copies of
7a patient's health care records, provides informed consent, and pays the applicable
8fees under par. (b) or (c), the health care provider shall, subject to sub. (1k), provide
9the person making the request copies of the requested records.
AB75-ASA1,1294,1210 (b) Except as provided in par. (c), a health care provider may charge no more
11than the total of all of the following that apply for providing copies requested under
12par. (a):
AB75-ASA1,1294,1313 1. For paper copies, 35 cents per page.
AB75-ASA1,1294,1414 2. For microfiche or microfilm copies, $1.25 per page.
AB75-ASA1,1294,1515 3. For a print of an X-ray, $10 per image.
AB75-ASA1,1294,1616 4. For certification of copies, $5.
AB75-ASA1,1294,1717 5. For processing and handling, a single $15 charge for all copies requested.
AB75-ASA1,1294,1818 6. Actual shipping costs.
AB75-ASA1,1294,2219 7. If the patient or person authorized by the patient requests delivery of the
20copies within 7 or fewer days after making a request for copies, and the health care
21provider delivers the copies within that time, a fee equal to 10 percent of the total fees
22that may be charged under subds. 1. to 6.
AB75-ASA1,1295,223 (c) If the department requests copies of a patient's health care records for use
24in determining eligibility for social security disability insurance, under 42 USC 401
25to 433, or supplemental security income, under 42 USC 1381 to 1385, the health care

1provider may charge no more than the amount that the federal social security
2administration reimburses the department for copies of patient health care records.
AB75-ASA1, s. 2433h 3Section 2433h. 146.83 (1k) of the statutes is created to read:
AB75-ASA1,1295,114 146.83 (1k) (a) Upon the request of the person requesting copies of patient
5health care records under sub. (1f) or (1h), the health care provider shall provide the
6copies in a digital or electronic format unless the health care provider's record system
7does not provide for the creation or transmission of records in a digital or electronic
8format, in which case the health care provider shall provide the person a written
9explanation for why the copies cannot be provided in a digital or electronic format.
10The health care provider may include the written explanation with the production
11of paper copies of the records if the person chooses to receive paper copies.
AB75-ASA1,1295,1312 (b) A health care provider may not charge a fee for the disc or other storage
13medium on which copies are provided in a digital or electronic format.
AB75-ASA1, s. 2433j 14Section 2433j. 146.83 (1m) (a) of the statutes is renumbered 146.83 (1m).
AB75-ASA1, s. 2433L 15Section 2433L. 146.83 (1m) (b) of the statutes is repealed.
AB75-ASA1, s. 2433n 16Section 2433n. 146.83 (3m) of the statutes is repealed.
AB75-ASA1, s. 2433p 17Section 2433p. 146.84 (2) (a) 1. of the statutes is amended to read:
AB75-ASA1,1295,1918 146.84 (2) (a) 1. Requests or obtains confidential information under s. 146.82
19or 146.83 (1) (1d), (1f), or (1h) under false pretenses.
AB75-ASA1, s. 2433r 20Section 2433r. 146.84 (2) (d), (e) and (f) of the statutes are created to read:
AB75-ASA1,1295,2421 146.84 (2) (d) Any health care provider who does not allow inspection of patient
22health care records under s. 146.83 (1d) within 21 days after receiving notice from
23a patient or person authorized by the patient is subject to a forfeiture of $100, plus
24$10 for each day after 21 days that the health care provider does not allow inspection.
AB75-ASA1,1296,4
1(e) Any health care provider who does not provide copies of patient health
2records requested under s. 146.83 (1f) (a) within 21 days after receiving the request
3is subject to a forfeiture of $100, plus $10 for each day after 21 days that the health
4care provider does not provide the copies.
AB75-ASA1,1296,105 (f) Any health care provider who does not provide a copy of an X-ray report or
6provide a copy of an X-ray to another health care provider within 30 days after a
7patient or person authorized by the patient makes a request for the X-ray report
8under s. 146.83 (1f) (b) is subject to a forfeiture of $100, plus $10 for each day after
930 days that the health care provider does not provide the copy of the report or
10provide the X-ray.
AB75-ASA1, s. 2433t 11Section 2433t. 146.905 (1) of the statutes is amended to read:
AB75-ASA1,1296,1612 146.905 (1) Except as provided in sub. (2), a health care provider, as defined
13in s. 146.81 (1) (a) to (p), that provides a service or a product to an individual with
14coverage under a disability insurance policy, as defined in s. 632.895 (1) (a), may not
15reduce or eliminate or offer to reduce or eliminate coinsurance or a deductible
16required under the terms of the disability insurance policy.
AB75-ASA1, s. 2433v 17Section 2433v. 146.96 of the statutes is amended to read:
AB75-ASA1,1296,21 18146.96 Uniform claim processing form. Beginning no later than July 1,
192004, every health care provider, as defined in s. 146.81 (1) (a) to (p), shall use the
20uniform claim processing form developed by the commissioner of insurance under s.
21601.41 (9) (b) when submitting a claim to an insurer.
AB75-ASA1, s. 2433x 22Section 2433x. 146.98 of the statutes is created to read:
AB75-ASA1,1296,24 23146.98 Ambulatory surgical center assessment. (1) In this section,
24"ambulatory surgical center" has the meaning given in 42 CFR 416.2.
AB75-ASA1,1297,6
1(2) The department of revenue may impose an assessment on ambulatory
2surgical centers in this state that satisfies the requirements under 42 CFR 433.68
3for collecting an assessment without incurring a reduction in federal financial
4participation under the federal Medicaid program. The department shall allocate
5any assessment imposed under this section among ambulatory surgical centers in
6proportion to their gross patient revenue.
AB75-ASA1,1297,7 7(3) The department of revenue may do all of the following:
AB75-ASA1,1297,88 (a) Subject to sub. (2), determine the amount of assessment under this section.
AB75-ASA1,1297,109 (b) Collect assessments imposed under this section from ambulatory surgical
10centers.
AB75-ASA1,1297,1311 (c) Require ambulatory surgical centers to provide the department of revenue
12any data that is required by the department of revenue to determine assessment
13amounts under this section.
AB75-ASA1,1297,1514 (d) Establish deadlines by which ambulatory surgical centers shall pay
15assessments required under this section and provide data required under par. (c).
AB75-ASA1,1297,1716 (e) Impose penalties on ambulatory surgical centers that do not comply with
17requirements under this section or rules promulgated under sub. (5).
AB75-ASA1,1297,19 18(4) The department of revenue shall transfer 99.5 percent of the moneys
19collected under this section to the Medical Assistance trust fund.
AB75-ASA1,1297,21 20(5) The department of revenue shall promulgate rules for the administration
21of the assessment under this section.
AB75-ASA1, s. 2434 22Section 2434. 149.12 (2) (f) 2. h. of the statutes is created to read:
AB75-ASA1,1297,2323 149.12 (2) (f) 2. h. Benefits under BadgerCare Plus under s. 49.471 (11).
AB75-ASA1, s. 2436n 24Section 2436n. 153.01 (4t) of the statutes is amended to read:
AB75-ASA1,1298,2
1153.01 (4t) "Health care provider" has the meaning given in s. 146.81 (1) (a)
2to (p)
and includes an ambulatory surgery center.
AB75-ASA1, s. 2437 3Section 2437. 155.01 (12) of the statutes is repealed and recreated to read:
AB75-ASA1,1298,84 155.01 (12) "Relative" means an individual related by blood within the 3rd
5degree of kinship as computed under s. 990.001 (16); a spouse, domestic partner
6under ch. 770, or an individual related to a spouse or domestic partner within the 3rd
7degree as so computed; and includes an individual in an adoptive relationship within
8the 3rd degree.
AB75-ASA1, s. 2438 9Section 2438. 155.10 (2) (a) of the statutes is amended to read:
AB75-ASA1,1298,1110 155.10 (2) (a) Related to the principal by blood, marriage, or adoption, or the
11domestic partner under ch. 770 of the individual
.
AB75-ASA1, s. 2439 12Section 2439. 155.30 (1) (form) of the statutes is amended to read:
AB75-ASA1,1298,1313 155.30 (1) (form)
AB75-ASA1,1298,14 14"NOTICE TO PERSON
AB75-ASA1,1298,1515 MAKING THIS DOCUMENT
AB75-ASA1,1298,1916 YOU HAVE THE RIGHT TO MAKE DECISIONS ABOUT YOUR HEALTH
17CARE. NO HEALTH CARE MAY BE GIVEN TO YOU OVER YOUR OBJECTION,
18AND NECESSARY HEALTH CARE MAY NOT BE STOPPED OR WITHHELD IF
19YOU OBJECT.
AB75-ASA1,1298,2520 BECAUSE YOUR HEALTH CARE PROVIDERS IN SOME CASES MAY NOT
21HAVE HAD THE OPPORTUNITY TO ESTABLISH A LONG-TERM
22RELATIONSHIP WITH YOU, THEY ARE OFTEN UNFAMILIAR WITH YOUR
23BELIEFS AND VALUES AND THE DETAILS OF YOUR FAMILY
24RELATIONSHIPS. THIS POSES A PROBLEM IF YOU BECOME PHYSICALLY
25OR MENTALLY UNABLE TO MAKE DECISIONS ABOUT YOUR HEALTH CARE.
AB75-ASA1,1299,13
1IN ORDER TO AVOID THIS PROBLEM, YOU MAY SIGN THIS LEGAL
2DOCUMENT TO SPECIFY THE PERSON WHOM YOU WANT TO MAKE
3HEALTH CARE DECISIONS FOR YOU IF YOU ARE UNABLE TO MAKE THOSE
4DECISIONS PERSONALLY. THAT PERSON IS KNOWN AS YOUR HEALTH
5CARE AGENT. YOU SHOULD TAKE SOME TIME TO DISCUSS YOUR
6THOUGHTS AND BELIEFS ABOUT MEDICAL TREATMENT WITH THE
7PERSON OR PERSONS WHOM YOU HAVE SPECIFIED. YOU MAY STATE IN
8THIS DOCUMENT ANY TYPES OF HEALTH CARE THAT YOU DO OR DO NOT
9DESIRE, AND YOU MAY LIMIT THE AUTHORITY OF YOUR HEALTH CARE
10AGENT. IF YOUR HEALTH CARE AGENT IS UNAWARE OF YOUR DESIRES
11WITH RESPECT TO A PARTICULAR HEALTH CARE DECISION, HE OR SHE IS
12REQUIRED TO DETERMINE WHAT WOULD BE IN YOUR BEST INTERESTS IN
13MAKING THE DECISION.
AB75-ASA1,1300,214 THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GIVES YOUR AGENT
15BROAD POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU. IT
16REVOKES ANY PRIOR POWER OF ATTORNEY FOR HEALTH CARE THAT YOU
17MAY HAVE MADE. IF YOU WISH TO CHANGE YOUR POWER OF ATTORNEY
18FOR HEALTH CARE, YOU MAY REVOKE THIS DOCUMENT AT ANY TIME BY
19DESTROYING IT, BY DIRECTING ANOTHER PERSON TO DESTROY IT IN
20YOUR PRESENCE, BY SIGNING A WRITTEN AND DATED STATEMENT OR BY
21STATING THAT IT IS REVOKED IN THE PRESENCE OF TWO WITNESSES. IF
22YOU REVOKE, YOU SHOULD NOTIFY YOUR AGENT, YOUR HEALTH CARE
23PROVIDERS AND ANY OTHER PERSON TO WHOM YOU HAVE GIVEN A COPY.
24IF YOUR AGENT IS YOUR SPOUSE OR DOMESTIC PARTNER AND YOUR
25MARRIAGE IS ANNULLED OR YOU ARE DIVORCED OR THE DOMESTIC

1PARTNERSHIP IS TERMINATED
AFTER SIGNING THIS DOCUMENT, THE
2DOCUMENT IS INVALID.
AB75-ASA1,1300,93 YOU MAY ALSO USE THIS DOCUMENT TO MAKE OR REFUSE TO MAKE
4AN ANATOMICAL GIFT UPON YOUR DEATH. IF YOU USE THIS DOCUMENT
5TO MAKE OR REFUSE TO MAKE AN ANATOMICAL GIFT, THIS DOCUMENT
6REVOKES ANY PRIOR RECORD OF GIFT THAT YOU MAY HAVE MADE. YOU
7MAY REVOKE OR CHANGE ANY ANATOMICAL GIFT THAT YOU MAKE BY
8THIS DOCUMENT BY CROSSING OUT THE ANATOMICAL GIFTS PROVISION
9IN THIS DOCUMENT.
AB75-ASA1,1300,1110 DO NOT SIGN THIS DOCUMENT UNLESS YOU CLEARLY UNDERSTAND
11IT.
AB75-ASA1,1300,1312 IT IS SUGGESTED THAT YOU KEEP THE ORIGINAL OF THIS
13DOCUMENT ON FILE WITH YOUR PHYSICIAN."
AB75-ASA1, s. 2440 14Section 2440. 155.30 (3) (form) of the statutes is amended to read:
AB75-ASA1,1300,1515 155.30 (3) (form)
AB75-ASA1,1300,1616 POWER OF ATTORNEY FOR HEALTH CARE
AB75-ASA1,1300,1717 Document made this.... day of.... (month),.... (year).
AB75-ASA1,1300,1918 CREATION OF POWER OF ATTORNEY
19 FOR HEALTH CARE
AB75-ASA1,1301,220 I,.... (print name, address and date of birth), being of sound mind, intend by this
21document to create a power of attorney for health care. My executing this power of
22attorney for health care is voluntary. Despite the creation of this power of attorney
23for health care, I expect to be fully informed about and allowed to participate in any
24health care decision for me, to the extent that I am able. For the purposes of this
25document, "health care decision" means an informed decision to accept, maintain,

1discontinue or refuse any care, treatment, service or procedure to maintain, diagnose
2or treat my physical or mental condition.
AB75-ASA1,1301,43 In addition, I may, by this document, specify my wishes with respect to making
4an anatomical gift upon my death.
AB75-ASA1,1301,55 DESIGNATION OF HEALTH CARE AGENT
AB75-ASA1,1301,206 If I am no longer able to make health care decisions for myself, due to my
7incapacity, I hereby designate.... (print name, address and telephone number) to be
8my health care agent for the purpose of making health care decisions on my behalf.
9If he or she is ever unable or unwilling to do so, I hereby designate.... (print name,
10address and telephone number) to be my alternate health care agent for the purpose
11of making health care decisions on my behalf. Neither my health care agent nor my
12alternate health care agent whom I have designated is my health care provider, an
13employee of my health care provider, an employee of a health care facility in which
14I am a patient or a spouse of any of those persons, unless he or she is also my relative.
15For purposes of this document, "incapacity" exists if 2 physicians or a physician and
16a psychologist who have personally examined me sign a statement that specifically
17expresses their opinion that I have a condition that means that I am unable to receive
18and evaluate information effectively or to communicate decisions to such an extent
19that I lack the capacity to manage my health care decisions. A copy of that statement
20must be attached to this document.
AB75-ASA1,1301,2121 GENERAL STATEMENT OF AUTHORITY GRANTED
AB75-ASA1,1302,322 Unless I have specified otherwise in this document, if I ever have incapacity I
23instruct my health care provider to obtain the health care decision of my health care
24agent, if I need treatment, for all of my health care and treatment. I have discussed
25my desires thoroughly with my health care agent and believe that he or she

1understands my philosophy regarding the health care decisions I would make if I
2were able. I desire that my wishes be carried out through the authority given to my
3health care agent under this document.
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